Blog Posts by John Leibovitz

by John Leibovitz, Deputy Chief, Wireless Telecommunications Bureau & Special Advisor to the Chairman for Spectrum Policy

September 12, 2014 - 08:03 AM

Preparations for the AWS-3 auction are ramping up. Applications must be submitted before 6pm ET today. The auction begins on November 13.

Several government agencies have worked hard to make substantial information available to potential bidders in advance of this auction about the scope of coordination that will be required with these federal incumbent users of the band. Wednesday, we announced the release by NTIA of a new Workbook and Workbook Information File, prepared by the Department of Defense (DoD). DoD developed the Workbook to provide guidance to potential bidders about their obligation to coordinate with DoD systems in 1755-1780 MHz. This release is unprecedented in terms of the scope and granularity of government data provided to help applicants prepare for an auction. The Wireless Bureau strongly encourages all applicants to delve into this important resource.

Before I go farther, our lawyers remind me that I should provide the following caveat:

As stated in the Auction 97 Procedures Public Notice, an applicant should perform its due diligence research and analysis before proceeding, as it would with any new business venture. In particular, the Bureau strongly encourages each potential bidder to review all Commission orders and public notices establishing rules and policies for the AWS-3 bands, including incumbency issues for AWS-3 licensees, Federal and non-Federal relocation and sharing and cost sharing obligations, and protection of Federal and non-Federal incumbent operations. The Commission makes no representations or warranties about the use of this spectrum for particular services.

In July 2012 the President’s Council of Advisors on Science and Technology issued a report suggesting that we could help meet the demand for spectrum by increasing civilian access to spectrum currently reserved for government use. In 2012, the Commission took the next step by proposing to implement a dynamic spectrum sharing scheme in up to 150 megahertz of spectrum in the 3.5 GHz Band.

3.5 GHz is an ideal “innovation band.” Because the federal use in this band occurs primarily around the coasts, it is a great opportunity for intensive wireless broadband use on a shared basis. In 2010, the National Telecommunications and Information Administration proposed just that – broadband wireless could share the band with government incumbents. The use of innovative spectrum sharing technologies is the key to unlocking the potential of this band. But without a new approach to thinking about spectrum rights and responsibilities, we will not be able to expand access to new civilian uses.

Things are heating up in Washington. Of course, we’re not referring to the ongoing negotiations over the debt ceiling, or even the 100-degree temperatures expected later this week. We’re talking about spectrum policy.

Last week, Republican and Democrat leaders of the House Energy and Commerce Committee introduced discussion drafts of legislation that would allow the FCC to hold “voluntary incentive auctions” for rights to use electromagnetic spectrum—the airwaves. The draft bills follow bipartisan legislation passed by the Senate Commerce Committee last month.

Never mind the heat—it’s wonky talk like this that keeps people away from Washington in the summer (or all year round, for that matter). But actually, a very simple and powerful idea animates the proposed legislation.

Gordon Crovitz of the Wall Street Journal explained it lucidly in his column yesterday.

One of the FCC’s main responsibilities is to grant licenses to use spectrum. For many years, the agency determined the “best” licensee through an administrative process. In 1993, Congress granted the FCC authority to hold spectrum auctions. Nearly two decades later, FCC auctions have spurred hundreds of billions of dollars of private investment in wireless networks and generated over $50 billion in proceeds for the Treasury.

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